Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15372 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kushagra Srivastava, learned counsel for the applicant, Sri Vivek Singh, learned counsel for the informant, Sri Ashwini Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.63 of 2025, under Sections 109(1), 115(2), 352 BNS, Police Station-Hastinapur, District-Meerut, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have assaulted the husband of the informant by a pointed weapon (Sooja) which was found suspended in this back on 13.03.2025 at about 07:30 PM.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about six hours and there is no explanation to the said delay caused. There is a cross-version to the instant case as FIR No. 68 of 2025 was instituted from the side of the applicant. The applicant himself sustained two injuries which has not been explained by the prosecution. There being a cross version to the instant case, at this point of time, it cannot be ascertained as to which party was the aggressor. There is no criminal history of the applicant. The applicant is languishing in jail since 14.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kushagra Srivastava, Saumya Srivastava, Shahrukh Counsel for Opposite Party(s) : G.A., Vivek Singh Gurjant Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that there being cross-version to the instant case, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant-Gurjant Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Karan BAIL No. 15372 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad